Kenyan case law

Jeffrey Mutuku v Athi River Mining [2015] KEELRC 894 (KLR)

✦ The Court finds the dismissal wrongful and unfair, and awards compensation including payment in lieu of notice, leave, salary for days worked, and gratuity.

Mutie Muindi Nguta v Spur Security Ltd [2015] KEELRC 829 (KLR)

✦ The claim is dismissed with costs as the claimant failed to prove his claim against the respondent.

Samuel K. Tonui v Speaker, Nakuru County Assembly & 2 others [2015] KEELRC 919 (KLR)

✦ The Petition is transferred to the High Court for hearing and determination.

Patrick Okwiri Obima v Del Monte Kenya Limited [2015] KEELRC 830 (KLR)

✦ The suit and the Originating Summons are declared incompetent and struck out.

Banking, Insurance and Finance Union (Kenya) v Taifa Sacco Society Ltd [2015] KEELRC 716 (KLR)

✦ The court finds that the respondent failed to initiate the revocation or termination of the recognition agreement within the time as ordered in the judgment. The court orders the parties to negotiate and conclude a collective agreement by 1.10.2015.

Elizabeth Wanja Gathu v Child Africa Media [2015] KEELRC 895 (KLR)

✦ Claimant is awarded eight months' salary as compensation for wrongful and unfair termination and one month's salary in lieu of notice.

Barasa Paul Isaac v Xfor Security Solutions (Ke) L.T.D [2015] KEELRC 874 (KLR)

✦ The dismissal of the Claimant from employment was unfair and the court awards him damages and compensation.

Mwakai Kikonde Sio v Kenya Utalii College & another [2015] KEELRC 907 (KLR)

✦ The court finds that the Respondent violated the Petitioner's rights to a fair hearing, due process, and property under the Constitution of Kenya.

Josephat Githingiri Githui v Nakumatt Holdings Limited [2015] KEELRC 831 (KLR)

Kenya Union of Commercial Food And Allied Workers v Atta Kenya Ltd [2015] KEELRC 888 (KLR)

✦ The Court orders an award entered in terms of the Parties' proposal.

Muhura v Teachers Service Commission (Cause 53 of 2014) [2015] KEELRC 717 (KLR) (19 June 2015) (Ruling)

✦ The plaintiff's suit is res judicata and dismissed

John Kyalo Mbondo v Dippoly Plastics Industries Limited [2015] KEELRC 867 (KLR)

✦ The Claimant's contract was validly and fairly terminated. The Respondent shall pay the Claimant a total sum of Kshs. 134,610 comprising annual leave pay and service pay within 30 days of the delivery of the decision.

Alphonse Mwangemi Munga & 12 others v African Safari Club Limited [2015] KEELRC 887 (KLR)

✦ The Court grants the Notice of Motion dated 2nd November 2013 in terms of prayer 1 and 11. The Ksh.30 Million will be deposited in a joint interest earning account operated by Mr. Henry A. Karauka (the Claimant's Advocate) and Mr. Zadarack Achoki (the property purchaser's Advocate) until Land Parcel No. L.R. 1515/1/M.N. is duly transferred to Erdemmann Property Limited, the 1st Interested Party herein.

John Charo Ngumbao v Amani Tiwi Beach Resort [2015] KEELRC 896 (KLR)

✦ Termination was valid but lacked procedural fairness

Charity Ngotho & 2 others v Sensations Limited [2015] KEELRC 916 (KLR)

✦ The court has no jurisdiction to handle claims of malicious prosecution against the Director of Public Prosecutions and the Application to join the Director of Public Prosecutions in this suit is dismissed.

Ali Mwanzia Kelly A.K.A. Robinson Mwanzia Kelly v Mohamed Swaleh [2015] KEELRC 883 (KLR)

✦ The Court finds in favor of the Claimant and orders the Respondent to pay the claimed amounts.

N M L v Peter Petrausch [2015] KEELRC 890 (KLR)

✦ The Court found that the termination was unlawful and ordered compensation for the Claimant.

Edward Koli v Attorney General & another [2015] KEELRC 913 (KLR)

✦ The Court refuses to exercise its discretion to set aside the dismissal order and orders the motion be dismissed with no order as to costs.

Joseph Owino v Richard M. Benet [2015] KEELRC 897 (KLR)

✦ Claimant's suit is time-barred and is struck out

Silas Kipruto & another v County Government of Baringo & another [2015] KEELRC 929 (KLR)

✦ The Chairman, William Kamket, as the office holder, was not ordered to personally bear the costs and the prayer for review fails.

John Mwakavi Syanda v Petrocity Enterprises Ltd [2015] KEELRC 909 (KLR)

✦ The preliminary objection is dismissed, and the Claimant is allowed to proceed with the suit.

Caroline Wangechi Wanjohi v Avenue Healthcare [2015] KEELRC 687 (KLR)

✦ The court found the termination to be lawful and untimely, and dismissed the claim.

Lilian O. Ochang v Kenol Kobil Limited [2015] KEELRC 918 (KLR)

✦ The Court finds the termination procedurally and substantively unfair, and thus unlawful.

Haron Njoroge Gacengechi v Administrator Consolata Institute Of Philosophy [2015] KEELRC 877 (KLR)

✦ The application for stay of execution is granted pending the hearing and determination of the appeal, subject to the decretal sum being deposited in a joint interest earning account within 30 days.

Maurice Ndiku Kilonzo v Dawa Limited [2015] KEELRC 906 (KLR)

✦ The court finds that the Claimant is not entitled to service pay due to his membership in the National Social Security Fund (NSSF). The court awards the Claimant 6 months salary as compensation for unlawful termination.